§ 17b-95 — (Formerly Sec. 17-83g). Claim of state on death of Medicaid beneficiary for amounts due under federal law. Priority of claims.

Connecticut § 17b-95

• Jurisdiction: Connecticut
• Title 17b: Social Services
• Ch. 319s: Financial Assistance

Text

(a) Upon the death of any person who has at any time been a beneficiary of the Medicaid program, the state shall have a claim against such person's estate for all amounts paid on behalf of such person under the Medicaid program for which the state has not been reimbursed and that the state is required to recover under federal law, provided such claim shall not include, to the extent permissible under federal law, moneys invested in an individual ABLE account established pursuant to section 3-39k. The claim of the state shall only be to the extent that the amount which the surviving spouse, parent or dependent children of the decedent would otherwise take from such estate is not needed for their support. (b) Claims pursuant to this section shall have priority over all unsecured claims against such estate, except (1) expenses of last sickness not to exceed three hundred seventy-five dollars, (2) funeral and burial expenses in accordance with sections 17b-84 and 17b-131 , and (3) administrative expenses, including probate fees and taxes, and including fiduciary fees not exceeding the following commissions on the value of the whole estates accounted for by such fiduciaries: On the first two thousand dollars or portion thereof, five per cent; on the next eight thousand dollars or portion thereof, four per cent; on the excess over ten thousand dollars, three per cent. Upon petition by any fiduciary, the Probate Court, after a hearing thereon, may authorize compensation in excess of the above schedule for extraordinary services. Notice of any such petition and hearing shall be given to the Commissioner of Administrative Services in Hartford at least ten days in advance of such hearing. The allowable funeral and burial payment herein shall be reduced by the amount of any prepaid funeral arrangement. Any amount paid from the estate under this section to any person which exceeds the limits provided herein shall be repaid to the estate by such person, and such amount may be recovered in a civil action with interest at six per cent from the date of demand. (c) For purposes of this section, all sums due on or after July 1, 2003, to any individual after the death of a Medicaid beneficiary pursuant to the terms of an annuity contract purchased at any time with assets of a Medicaid beneficiary, shall be deemed to be part of the estate of the deceased beneficiary and shall be payable to the state by the recipient of such annuity payments to the extent necessary to achieve full reimbursement of any Medicaid benefits paid to, or on behalf of, the deceased beneficiary that the state is required to recover under federal law and the provisions of section 17b-93 , irrespective of any provision of law. The recipient of beneficiary payments from any such annuity contract shall be solely liable to the state of Connecticut for reimbursement of Medicaid benefits paid to, or on behalf of, the deceased beneficiary that the state is required to recover under federal law and the provisions of section 17b-93 to the extent of any payments received by such recipient pursuant to the annuity contract.

Legislative History

(1969, P.A. 730, S. 30; P.A. 77-614, S. 70, 610; P.A. 78-337, S. 6, 11; P.A. 86-315, S. 3, 5; P.A. 88-156, S. 14; 88-364, S. 26, 123; June 18 Sp. Sess. P.A. 97-2, S. 42, 165; June 30 Sp. Sess. P.A. 03-3, S. 59; P.A. 04-258, S. 11; P.A. 14-217, S. 76; June Sp. Sess. P.A. 21-2, S. 458; P.A. 22-118, S. 451; P.A. 23-137, S. 59.) History: P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 78-337 specified applicable program as aid to families with dependent children, rather than as “aid to dependent children” and deleted reference to $600 limit on funeral and burial expenses in Subdiv. (2), referring instead to expenses allowed under Sec. 17-82q; P.A. 86-315 added reference to Sec. 17-83e(b); P.A. 88-156 and P.A. 88-364 made technical changes; Sec. 17-83g transferred to Sec. 17b-95 in 1995; June 18 Sp. Sess. P.A. 97-2 made technical and conforming changes, effective July 1, 1997; June 30 Sp. Sess. P.A. 03-3 designated existing provisions as Subsecs. (a), (b), and (c), in Subsec. (a) adding that effective September 1, 2003, recipients of “Connecticut Pharmaceutical Assistance Contract to the Elderly and Disabled Program” benefits are subject to estate recovery provisions, and in Subsec. (b) adding provision re state's claim for recovery of ConnPACE program benefits restricted to persons dying after September 1, 2003, for “benefits actually received on or after July 1, 2003”, added Subsec. (d) providing that all sums due to any individual on or after July 1, 2003, pursuant to the terms of an annuity contract purchased by a public assistance beneficiary, shall be payable to the state to the extent needed to achieve full reimbursement of the public assistance benefits received, and made technical changes, effective August 20, 2003; P.A. 04-258 amended Subsec. (a) by deleting provisions that, on or after September 1, 2003, allowed the state to make a claim for reimbursement of benefits paid against the estate of a Connecticut Pharmaceutical Assistance Contract to the Elderly and Disabled Program beneficiary and amended Subsec. (b) by deleting provision that authorized recovery of ConnPACE program benefits for those benefits received on or after July 1, 2003, effective June 1, 2004; P.A. 14-217 amended Subsec. (a) to add provision exempting estate of recipient of medical assistance under the Medicaid Coverage for the Lowest Income Populations program from state claim, effective June 13, 2014; June Sp. Sess. P.A. 21-2 amended Subsecs. (a) and (d) by adding references to recovery required under federal law or the provisions of Sec. 17b-93, amended Subsec. (c) by adding reference to Sec. 17b-131, and added Subsec. (e) re limitations on state recovery on and after July 1, 2021, effective July 1, 2021; P.A. 22-118 deleted provisions in Subsec. (a) re liability of estates of beneficiaries of assistance programs and their parents for amounts paid, inserted provisions limiting liability to Medicaid payments required to be recovered under federal law, removed exemption from liability for beneficiaries of Medicaid Coverage for the Lowest Income Populations program, deleted Subsec. (b) re limitation on medical payment recovery for persons who died after October 1, 1959, redesignated existing Subsecs. (c) and (d) as new Subsecs. (b) and (c), changed references to “public assistance” to “Medicaid” in new Subsec. (c), deleted Subsec. (e) re limitations on state recovery of assistance payments and made technical changes throughout, effective July 1, 2022; P.A. 23-137 amended Subsec. (a) by adding provision exempting moneys invested in individual ABLE account from state's claim and inserting “The claim of the state shall only be”. Annotations to former section 17-83g: Cited. 34 CS 518; 42 CS 548. Annotations to present section: Cited. 239 C. 471. Statute requires a person's Medicaid debt be satisfied prior to payment of other personal debts, such as credit card debts, that the person incurs. 248 C. 708.